Basics to Boat Transactions

Transcription

Basics to Boat Transactions
Purpose: The information presented here is intended to aid in processing basic
boat/outboard motor transactions and to provide the user with information to help
answer questions from the general public. This information should be used in
conjunction with the Boat Titling and Registration Matrix. (Information pertaining to
the use and breakdown of the Matrix is available within this training aid.)
Table of Contents:
Basics to Boat Transactions .............................................................................. 1
Answers to Common Questions ........................................................................ 2
Exemptions ....................................................................................................... 7
Who Can Do What… ......................................................................................... 8
Power of Attorney (PWD 1055) ............................................................. 8
Letter of Authorization (PWD 581) ......................................................... 8
Right of Survivorship (PWD 790) ........................................................... 8
Trail of Ownership ................................................................................. 8
What is needed to transfer ownership when the owner is deceased? ... 9
Requirements Under the Law ............................................................................ 10
Registration ........................................................................................... 10
Titling ..................................................................................................... 12
Bonded Titles......................................................................................... 15
Sales Tax .............................................................................................. 18
Information/History Requests ................................................................ 20
Self-Storage, Storage and Mechanics Liens ......................................... 20
Marine Licensing - Requirements .......................................................... 24
Additional Available Resources ......................................................................... 29
Forms ................................................................................................................ 32
Common Form Selections ................................................................................. 37
Quick Reference List ............................................................................. 37
FEE CHART ...................................................................................................... 38
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Answers to Common Questions
A list of commonly asked questions and their corresponding answers.
BOAT/OUTBOARD MOTOR TITLING/REGISTRATION ISSUES
Q: What is the difference between a title and registration?
A: A title provides documented proof of ownership for a boat/outboard motor. Registration allows the
boat/outboard motor to be used on the public waters of this state.
Q: What is the difference between documentation from the United States Coast Guard (USCG)
and titling through TPWD?
A: Documentation with the USCG is the federal equivalent to a title issued by TPWD. A vessel cannot
be titled with TPWD and documented through the USCG. Commercial fishing vessels are required to
maintain USCG documentation. USCG documentation is useful to owners who travel the coast line
and cross into various state or international waters.
Q: Why does TPWD require registration of vessels which are documented through the USCG?
A: To ensure the payment of the required sales taxes at the time of the purchase and to ensure that
USCG documentation is kept current. USCG documentation must be renewed each year by the
owner and if renewed upon the initial renewal date, has no associated cost to the owner.
Q: Can a customer use their boat in Texas if it is registered in another state?
A: Yes, if the boat is registered in the customer‘s name, they can operate the vessel for up to 90
consecutive days with current out-of-state registration.
Q: What documents do customers need to have in order to register their boat or title their boat or
outboard motor?
A: In general a bill of sale and a signed title. However there are over 200 different situations that arise
where boats and outboard motor titles are affected. In order to determine what documents are
needed for each specific situation, please refer to the TPWD Boat/Motor Matrices which can be found
at: www.tpwd.state.tx.us/fishboat/boat/owner/titles_and_registration/
You will need to answer which categories the vessel or motor in question fits into:
New – Brand New or Newly Built
Acquired as New from Texas Dealer/Manufacturer or New Homemade
Acquired as New Outside of Texas from Dealer/Manufacturer or New Homemade
Used - TPWD Record Exists - Transfer of Boat/Outboard Motor With Existing Title and/or
Registration Through TPWD
Vessels and Outboard Motors Titled – TPWD Record Exists
Vessels Registered but not Titled – TPWD Record Exists
TPWD Record Exists - Maintenance of Existing Record; Renew Registration,
Replacement(s), Change(s), and Correction(s)
Vessels and Outboard Motors Titled
Vessels Registered But Not Titled
Used - Not Currently Titled and/or Registered Through TPWD
No Record Exists – Original Owner
No Record Exists – Acquired from Previous Owner
Record Exists Outside of Texas – Original Owner
Record Exists Outside of Texas – Acquired from Previous Owner
Registration of USCG Documented Vessels
New Registration
Renewal of Registration
Transfer of Registration-due to change in ownership with registration current and greater
than 90 days from expiration
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Transfer of Registration-due to change in ownership with registration within 90 days of
expiration or registration is expired
Sold Under Statutory Lien
Self Storage Lien
Storage Lien
Garageman/Mechanic/Towing Lien
Sales Tax Only Payments for Vessels or Outboard Motors
Q: What is acceptable as a bill of sale when purchasing a boat or outboard motor?
A: Bill of Sale or Invoice - is required for every transfer of ownership.
One of the following is acceptable to meet the bill of sale or invoice requirement:
(1) Form PWD 143/144 application - tax affidavit must be completed and signed by the seller, OR
(2) Handwritten Receipt or Sales Invoice - must contain date of sale, sales price (DO NOT include
sales price of trailer), description of vessel and/or outboard motor (make, TX or serial number and
year built), purchaser(s) name, and seller(s) signature.
Q: How long is my registration valid for?
A: Two years
Q: What is a certificate of number card and how is it useful to the boat owner?
A: A certificate of number card is an identification card which must be carried on the boat when in use.
This card lists the boat owner, boat description, expiration date of registration, and whether the boat
is titled or documented through the United State Coast Guard.
Q: Why does the customer have to carry the certificate of number card?
A: It is a legal requirement to be able to identify the owner of the vessel and match the description on
the card to the vessel being operated. Failure to carry or present this card may result in the issuance
of a citation.
Q: Can an owner have more than one certificate of number card?
A: Yes, there is no limit on the number of cards that an owner may purchase. The information on all
cards in use must reflect current information.
Q: When is a pencil tracing or photograph of the serial number for the vessel or outboard motor
required?
A: The following situations require verification (pencil tracing or photograph) of boat/outboard motor
serial numbers by completing the PWD 504 form:
When the boat/motor is coming from out-of-state or another country (registered/titled in another
state/country).
When the boat/motor serial numbers are incorrect on the ownership document (title/registration).
When the boat/motor is used and has never been titled or registered.
When the serial number does not conform to Coast Guard regulation formatting.
IDENTIFICATION/SIGNATURE ISSUES
Q: Do I need to check a valid ID for everyone who comes in to get a transaction processed?
A: Yes. Valid photo ID includes current state issued driver‘s license, current state issued ID card, current
military ID card, current passport or other current government issued ID.
Q: Why?
A: To prevent a boat or outboard motor from being transferred without the owner‘s knowledge and
permission. In short, to prevent fraud and theft.
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Q: What is the difference between Power of Attorney and Letter of Authorization and what does
each do?
A: A Power of Attorney allows the owner(s) to designate another individual to act on their behalf in
providing documentation and signing applications and related forms in place of the owner(s).
A Letter of Authorization should be used when the owner(s) of record wants to send someone else to
bring in their paperwork. The letter of authorization does not allow the person to sign documents in
place of the owner of record. In other words, we want to know that the person coming in with
paperwork has the permission of the owner before we process transactions even if they are signed
by the owner of record.
Q: Can a husband or wife renew the registration, or obtain a replacement certificate of number
card or decals for a boat on which their spouse is listed as the sole owner of record?
A: Yes, but only if they can provide valid identification showing their last name and address is the same
as that of the owner of record. If they present a renewal notice, no signature is needed; if not they
can either print their name and sign the transaction receipt or complete and sign the PWD 143M
form.
Q: Can a husband or wife change the address for a boat on which their spouse is listed as the
sole owner of record?
A: No, they must have either; 1) the green renewal notice with the address change completed by the
owner of record (for registration renewal); 2) a 143M with the address change completed and signed
by the owner of record; 3) a signed letter of authorization (PWD 581) from the owner of record
allowing them to process the requested transaction and/or change the address, (or verification by
telephone contact with the owner can be obtained by staff at the time the transaction is processed),
or; 4) the owner of record must come in and sign the applicable forms.
Q: Can a husband or wife sign the request for a replacement title if they aren’t listed as the
owner?
A: No, the owner of record must sign the request. The spouse may bring in the request without having to
supply a letter of authorization but only if they can provide valid identification showing their last name
and address is the same as that of the owner of record and the request must be signed by the owner
of record.
Q: Can a husband or wife bring in the request for a replacement title or transfer of ownership
transaction if they aren’t listed as the owner?
A: The spouse may bring in the request without having to supply a letter of authorization but only if they
can provide valid identification showing their last name and address is the same as that of the owner
of record and the request must be signed by the owner of record.
Q: Do all co-owners have to sign applications, bill of sales, and supporting documents to sell or
transfer ownership?
A: Yes
Q: Do all co-owners have to be present when the transaction is requested?
A: No
Q: If there are co-owners listed, do both have to sign the application for a replacement title?
A: No, only one signature is required. The replacement title will be mailed to the address recorded for
the owner listed first on the asset record (which is designated as the primary mailing address but has
no meaning regarding who has controlling interest in the asset).
Q: Can the co-owner request a replacement title and change the address of the person listed as
the primary owner?
A: Yes
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Q: Can a co-owner change which owner is listed as the primary owner for mailing purposes?
A: Yes
CONTACT INFORMATION
Q: If a customer wants to call TPWD Headquarters directly, what is the best phone number to give
them?
A: Give them the toll free Boat Information Help Line number, 1-800-262-8755. Staff is available from
8a.m.–5p.m. each work day to answer any questions or research any problems that the customer
may encounter.
Q: Where can a customer get their boat registration/title and outboard motor title processed?
A: The forms must be completed and submitted together with any required application fees, supporting
documents, and any boat/outboard motor taxes due to:
Texas Parks and Wildlife Headquarters in Austin, TX
Any of the 27 Texas Parks and Wildlife Law Enforcement field offices
(http://www.tpwd.state.tx.us/fishboat/boat/owner/office_locations/index.phtml)
Any participating Tax Assessor-Collector Office
(http://www.tpwd.state.tx.us/fishboat/boat/owner/office_locations/index.phtml)
Q: Where can the customer get their boat trailer titled and registered?
A: Boat trailer titling and registration is processed through your county tax assessor-collector office.
REFUND REQUESTS
Q: If a customer requests a refund for fees paid, what should I tell them?
A: Typically if the service has been provided, no refunds will be issued. However, the customer may
send a written request with any supporting documentation and applicable title, registration card
and/or decals to TPWD HQ for review and consideration. This review does not guarantee that a
refund will be issued.
Refund requests should be mailed to: TPWD, 4200 Smith School Road, Austin, Texas 78744.
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Exemptions - Quick Reference List
Exemption List 1 - Exemption from Titling
For Vessels:
Documented in another state or from another country and not operated in Texas > 90 days
Canoes, kayaks, punts, rowboats, or rubber rafts not used with a motor
Other vessels less than 14' and used without a motor
USCG Documented-31.055 of the Water Safety Act exempts documented vessels from the requirement of titling
Ship's Lifeboat
For Motors:
From another state or country and not operated in Texas > 90 days
Exemption List 2 - Exemption from Vessel Registration
Documented in another state or from another country and not operated in Texas > 90 days
Canoes, kayaks, punts, rowboats, or rubber rafts not used with a motor
Other vessels less than 14' and used without a motor
USCG Documented > 115' or commercial vessel used in coastal shipping (tugs and crew boats). Shrimp boats and
commercial fishing boats are not exempted.
Use only at a tournament, competition or exhibition sanctioned by governmental entity
Vessel owned by the US government, a state, counties, municipalities, quasi-governmental agency
Vessel Not In Use on Texas Public Waters
Ship's Lifeboat
Exemption List 3 - Exemption from Boat Sales Tax/New Resident Tax (Tax Code 160.024 - 6.25%)
Government Entity such as State, Federal, Political Subdivisions, volunteer fire department, or emergency services
Acquired as Gift
Purchased in Texas or first used in Texas more than four years from the date of application for registration and/or
title. Texas Statutes Tax Code, Subtitle B, Enforcement and Collection, Chapter 111, Collection Procedures
,Subchapter D. Limitations, Section 111.201 which states, "No tax imposed by this title may be assessed after four
years from the date that the tax becomes due and payable." (Taxes on the sale of boats are due within 20 days
from the date of sale for boat and outboard motor purchases).
For outboard motor titling, if sales tax was paid with a vessel titling transaction for the entire value of boat and
motor. (practical exemption)
Exemption List 4 - Exempt from Boat Sales & Use Tax (Tax Code 160 - 6.25% tax rate)
The following vessels are not subject to Tax Code 160, BUT ARE SUBJECT to Limited Sales, Excise & Use
Taxes (Tax Code 151 - 6.25% + local tax rates up to 2%)
This tax is collected by either retail outlets or sent directly to the Comptroller of Public Accounts.
Canoes, Kayaks, rowboats, rafts, punts, or other vessel not designed to be used with a motor (160.001)
Vessels greater than 65 feet in length
Exemption List 5 - Vessel Exemptions from Tax Code 151 Limited Sales, Excise & Use Tax
§ 151.329. CERTAIN SHIPS AND SHIP EQUIPMENT. (2) a ship or vessel of eight or more tons displacement,
that is used exclusively and directly in a commercial enterprise and is sold by the vessel's builder. (By definition,
this vessel must be greater than 65 feet in length).
Exemption List 6 - Exempt from Dealer Licensing Requirements (Dealer, Distributor, and Manufacturer)
Parks & Wildlife Code 31.0413
sale of a canoe, kayak, punt, rowboat, rubber raft, paddleboat, other vessel that is less than 12 feet in length and
has a horsepower rating of five horsepower or less or to the sale of an outboard motor with a manufacturer's rating
of five horsepower or less.
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Exemptions
Registration
Parks & Wildlife Code § 31.022. Exemptions From Required Numbering
(a) A vessel is not required to be numbered under the provisions of this chapter if it is:
(1) operated within this state for a period not exceeding 90 consecutive days and is covered by a
number in full force and effect which has been awarded under federal law or a federally approved
numbering system of another state;
(2) from a country other than the United States temporarily using the water of this state;
(3) owned by the United States, a state, or a subdivision of a state; or
(4) a ship‘s lifeboat.
(b) The department may exempt from numbering a class of vessels if it finds that the numbering of the
vessels of that class will not materially aid in their identification. The department may also exempt a
vessel if it finds that it belongs to a class of vessels that would be exempt from numbering under a
numbering system of an agency of the federal government if it were subject to federal law.
(c) All canoes, kayaks, punts, rowboats, rubber rafts or other vessels under 14 feet in length when
paddled, poled, oared or windblown are exempt from the numbering provisions of this chapter.
(d) A vessel in use at a water ski tournament, competition or exhibition sanctioned in writing by the
governing board of the governmental entity that has jurisdiction over the body of water on which the
tournament, competition or exhibition occurs is exempt from the numbering provisions of this chapter.
Titling
Parks & Wildlife Code § 31.055. Exceptions
This subchapter does not apply to vessels with a valid marine document issued by the United States
Coast Guard‘s National Vessel Documentation Center or a federal agency that is a successor to the
National Vessel Documentation Center.
Sales Tax
Tax Code § Sec. 160.001. Definitions
(9) "Taxable boat or motor" means:
(A) a boat other than a canoe, kayak, rowboat, raft, punt, or other vessel designed to be propelled
by paddle, oar, or pole; or
(B) an outboard motor.
Tax Code § 151.329. Certain Ships and Equipment
(2) A ship or vessel of eight or more tons displacement, that is used exclusively and directly in a
commercial enterprise and is sold by the vessel's builder
Tax Code § 160.024. Exemption
The taxes imposed by this chapter do not apply to the sale of a taxable boat or motor or to the use of a
taxable boat or motor by this state or its political subdivisions or the federal government.
Tax Code § 160.0245. Exemption for Emergency Service Organizations
The taxes imposed by this chapter do not apply to the sale of a taxable boat or motor to or to the use of a
taxable boat or motor by a volunteer fire department or other department, company, or association
organized for the purpose of answering fire alarms and extinguishing fires or for the purpose of
answering fire alarms, extinguishing fires, and providing emergency medical
services, the members of which receive no compensation or only nominal compensation for their
services rendered, if the boat or motor is used exclusively by the department, company, or association.
Tax Code § 111.201. Assessment Limitation
No tax imposed by this title may be assessed after four years from the date that the tax becomes due
and payable.
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Who Can Do What…
Answers the question of what you should do if the person requesting a
transaction is not the owner of record and provides information on the
acceptable documentation in each case.
Power of Attorney (PWD 1055)
A power of attorney allows the owner(s) of record to designate another individual to act on their behalf in
providing documentation and signing applications and related forms in place of the owner(s) of record.
The power of attorney must have original signatures and the signatures must be notarized.
A person designated as the power of attorney for the owner of record should sign their own name with
(POA) indicated after their name – for instance, Richard Smith (POA)
When a company or business is designated as the power of attorney, the company‘s name should be
listed in the signature block followed by the signature of the person representing the company – for
instance Bank of America, John Roberts (POA)
Letter of Authorization (PWD 581)
The owner of record may authorize another individual to bring in their registration or titling transaction to
an office for processing. The Letter of Authorization form must accompany the application for the
transaction requested. This form does not allow the authorized individual to sign for the owner/applicant.
This form does not function as Power of Attorney.
Right of Survivorship (PWD 790)
This is a service used when primary owner and co-owner agree that the ownership of a vessel and/or
outboard motor be held jointly and in the event of the death of either, the ownership will vest in and
belong to the surviving owner. The Rights of Survivorship form must be completed in full, signed and
notarized and be presented with : PWD 143 –Application to title/register a boat and/or PWD 144Application to title an Outboard Motor. A Right of Survivorship must be noted on the title record. This
service may be added to an existing title but a replacement title fee will be charged. If this service is
requested at the time of initial application, there is no additional charge for the right of survivorship
service.
Trail of Ownership
Anytime a boat or outboard motor is sold, the title must be transferred into the new owner‘s name. Nontitling is not allowed and can result in the person receiving a citation for failure to title.
Parks & Wildlife Code § 31.045. Ownership of Vessels and Outboard Motors; Certificates of Title
(a) The ownership of a vessel or of an outboard motor is evidenced by a certificate of title issued
by the department, unless the vessel or the outboard motor is new.
(b) The ownership of a new vessel or a new outboard motor is evidenced by a manufacturer‘s or
an importer‘s certificate executed on a form prescribed by the department.
(c) Separate certificates are required for vessels and for outboard motors.
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What is needed to transfer ownership when the owner is deceased?
Estate Exists:
o When a will exists and an application for administration has been filed or an estate has been
probated, the court may issue either a letter of testamentary, letter administration, or a copy of will
and muniment of title.
Affidavit of Heirship Form: (PWD 738)
o When the deceased left either no will or a will; that no application for administration has been
filed; that there is no necessity for an administration upon the estate; that the signed heirs are the
sole and only known heirs at law of the deceased and are, therefore, authorized under the law to
sell, transfer and assign the ownership to said boat and/or motor; that there are no other known
heirs who have prior right to the estate of the deceased.
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Requirements Under the Law
Excerpts taken from the Texas Water Safety Act, the Texas Tax Code, and the
Texas Property Code and they how they correlate to the different types of
transactions we process. Including:
Registration
Titling
Sales Tax
Information/History Requests
Storage/Mechanics Liens
Marine Licensing
The following excerpts have been taken from the
 Parks and Wildlife Code (Texas Water Safety Act)
 Texas Administrative Code
 Texas Tax Code and the
 Texas Property Code.
These statutes set the standard for the policies and procedures we follow when processing all
boat and outboard motor transactions. They are presented here in conjunction with the type of
transaction to which they directly apply.
Parks & Wildlife Code § 31.002. State Policy
It is the duty of this state to promote recreational water safety for persons and property in and connected
with the use of all recreational water facilities in the state, to promote safety in the operation and
equipment of facilities, and to promote uniformity of laws relating to water safety.
Parks & Wildlife Code § 31.004. Application of Chapter
The provisions of this chapter apply to all public water of this state and to all vessels on public water.
Privately owned water is not subject to the provisions of this chapter.
Transaction Types
Registration
Registration of Vessels
Parks & Wildlife Code § 31.021. Required Numbering
(a) Each vessel on the water of this state shall be numbered in accordance with the provisions of this
chapter unless specifically exempted. The numbering system shall be in accord with the Federal
Boating Act of 1958 and subsequent federal legislation.
(b) No person may operate or give permission for the operation of any vessel or may dock, moor, or
store a vessel owned by the person on the water of this state unless:
(1) the vessel is numbered as required by this chapter;
(2) the certificate of number awarded to the vessel is in full force and effect; and
(3) the identifying number set forth in the certificate is properly displayed on each side of the bow of
the vessel as required by this chapter.
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Parks & Wildlife Code § 31.029. Term of Certificate of Number
Every certificate of number awarded pursuant to this chapter shall continue in full force and effect for a
period of two years unless sooner terminated or discontinued in accordance with the provisions of this
chapter.
USCG Documented Vessels
Parks & Wildlife Code § 31.021. Required Numbering
(a) Each vessel on the water of this state shall be numbered in accordance with the provisions of this
chapter unless specifically exempted. The numbering system shall be in accord with the Federal
Boating Act of 1958 and subsequent federal legislation.
Texas Administrative Code §53.90 Display of Registration Validation Sticker
(a)Documented vessels are required to display the registration validation sticker on both sides of the
bow and maintain current documentation through the United States Coast Guard or display the stateassigned TX numbering series with the decal. Commercial vessels used in coastal shipping and
vessels exceeding 115 feet in length are exempt from registration requirements.
Out of State Vessels Used in Texas
Parks & Wildlife Code § 31.023. Vessels Numbered Under Federal or Other State Law
The owner of any vessel for which a current certificate of number has been awarded under any federal
law or a federally approved numbering system of another state shall, if the vessel is operated on the
water of this state in excess of 90 consecutive days, make application for a certificate of number in the
manner prescribed in this chapter for residents of this state.
Antique Vessels
Parks & Wildlife Code § 31.032 Numbering On Bow
(c) The commission shall adopt rules for the placement of the validation decal in an alternate location for
antique boats. In this subsection, "antique boat" means a boat that:
(1) is used primarily for recreational purposes; and
(2) was manufactured 35 or more years before the date the validation decal is issued
Texas Administrative Code §53.90 Display of Registration Validation Sticker
(b) Vessels registered as antique boats are permitted to display the registration validation sticker on the
left portion of the windshield. In the absence of a windshield, the registration validation sticker must
be attached to the certificate of number and made available for inspection when the boat is operated
on public water.
Registration Renewal
Parks & Wildlife Code § 31.025. Renewal of Certificates of Number
(a) An application for the renewal of each certificate of number shall be prepared by the department and
mailed to the owner of the vessel during the period of the last 90 days before the expiration date of
the certificate. The same number shall be issued on renewal.
(b) The application for renewal may be returned to the department, to any participating county tax
assessor-collector or if permitted by the department, to an agent of the department.
(c) Applications not received during the 90-day period shall be treated in the same manner as original
applications.
Address Change
Parks & Wildlife Code § 31.038. Change of Address; Notice to Department
(a) The holder of a certificate of number shall notify the department within a reasonable time if his
address no longer conforms to the address appearing on the certificate and shall inform the
department of his new address.
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(b) The department may provide in its regulations for the surrender of the certificate bearing the former
address and its replacement with a certificate bearing the new address or for the alteration of the
outstanding certificate to show the new address of the holder. Changes of address shall be noted on
the records of the department.
Replacement Certificate of Number and Decals
Parks & Wildlife Code § 31.030. Duplicate Certificates and Decals
(a) If a certificate of number becomes lost, mutilated, or illegible, the owner of the vessel for which the
certificate was issued may obtain a duplicate on application to the department and the payment of a
fee of $2 or an amount set by the commission, whichever amount is more.
(b) If a registration decal becomes lost, mutilated, or illegible, the owner of the vessel for which the decal
was issued may obtain a replacement decal on application (for decal and new certificate of number
card) to the department and the payment of a fee of $2 or an amount set by the commission,
whichever amount is more.
Transfer
Parks & Wildlife Code § 31.037. Change in Ownership Interest; Notice to Department
(c) The purchaser of a vessel shall present evidence of his ownership to the department within a
reasonable time along with his name, address, and the number of the vessel and shall at the same
time pay to the department a fee of $2 or an amount set by the commission, whichever amount is
more. On receipt of the application and fee the department shall transfer the certificate of number
issued for the vessel to the new owner. Unless the application is made and fee paid within a
reasonable time the vessel is without a certificate of number, and it is unlawful for any person to
operate the vessel until the certificate is issued.
Sales Tax
Parks & Wildlife Code § 31.024. Application for Number
(e) The department, an authorized agent or a county tax assessor-collector may not issue a certificate of
number unless the tax due on the vessel under Chapter 160, Tax Code, is paid.
Titling
Original and transfer
Parks & Wildlife Code § 31.036. Proof of Ownership
(a) A certificate of title is required as proof of ownership of a vessel for which a certificate of number is
sought.
(b) A certified statement of ownership is sufficient proof of ownership for a vessel of a type for which a
certificate of title is not required.
Parks & Wildlife Code § 31.045. Ownership of Vessels and Outboard Motors; Certificates of Title
(a) The ownership of a vessel or of an outboard motor is evidenced by a certificate of title issued by the
department, unless the vessel or the outboard motor is new.
(b) The ownership of a new vessel or a new outboard motor is evidenced by a manufacturer‘s or an
importer‘s certificate executed on a form prescribed by the department.
(c) Separate certificates are required for vessels and for outboard motors.
(d) The ownership of a vessel exempted from numbering under Section 31.022(c) of this code is not
required to be evidenced by a certificate of title issued by the department.
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Bill of Sale
Tax Code § 160.042. Required Affidavits
(a) A person obligated to pay a tax imposed by this chapter on a transaction shall file the affidavit as
provided by this section with the department, agent of the department, or tax assessor-collector on
payment of a tax imposed by this chapter.
(b) If a taxable boat or motor is sold by a person at a retail sale, the seller and purchaser shall make a
joint affidavit stating the value in dollars of the total consideration for the boat or motor at the time of
sale.
(c) If the ownership of a taxable boat or motor is transferred as a result of a gift, the donor shall make
an affidavit stating the nature of the transaction.
(d) If the ownership of a taxable boat or motor is transferred as a result of an even exchange, the
parties shall make a joint affidavit stating the nature of the transaction.
(e) The department, agent of the department, or the tax assessor-collector shall examine each affidavit
for the purpose of determining the truth and accuracy of the information it contains. If the
department, agent of the department, the tax assessor-collector, or the comptroller has reason to
question the truth of the information in an affidavit, or if any material fact fails to meet the rules
adopted by the comptroller, the department, agent of the department, the tax assessor-collector, or
the comptroller may require any party to the affidavit to furnish substantiation of information in the
affidavit before accepting an application for a Texas certificate of number or certificate of title.
Parks & Wildlife Code § 31.046. Application for Certificate of Title
(a) Except as provided in Subsections (b) and (c) of this section, the purchaser of a vessel or an
outboard motor shall apply to the department or to a county tax assessor-collector for a certificate of
title not later than 20 days after the date of the sale of the vessel or outboard motor.
(b) A manufacturer or a dealer who sells a vessel or an outboard motor to a person other than a
manufacturer or a dealer shall apply to the department or to a county tax assessor-collector for a
certificate of title for the vessel or outboard motor in the name of the purchaser not later than 20 days
after the date of the sale.
(c) A dealer who acquires a vessel or an outboard motor, other than a new vessel or outboard motor, is
not required to apply for a certificate of title in the name of the dealer, but on resale of the vessel or
outboard motor shall apply for the subsequent purchaser under Subsection (b) of this section and
shall submit to the department or to a county tax assessor-collector the endorsed certificate of title
acquired by the dealer.
Application Requirements
Parks & Wildlife Code § 31.047. Application; Form and Content; Fee
(a) A person may apply for a certificate of title on a form prescribed by the department.
(b) The form must contain:
(1) the name and address of the owner;
(2) a description of the vessel or outboard motor, including, as appropriate, the manufacturer, make,
model, year, length, construction material, manufacturer‘s or builder‘s number, hull identification
number (HIN), motor number, outdrive number, and horsepower;
(3) name and address of purchaser;
(4) date of purchase;
(5) name and address of any security interest owner;
(6) the appropriate affidavit as required by Section 160.042, Tax Code; and
(7) other information required by the department to show the ownership of the vessel or outboard
motor, a security interest in the vessel or outboard motor, or a further description of items listed in
the subdivision.
(c) The application must be accompanied by other evidence reasonably required by the department to
establish that the applicant or other person is entitled to a certificate of title or a noted security
interest. The evidence may include:
(1) a certificate of title issued by another state or jurisdiction;
(2) a manufacturer‘s or importer‘s certificate;
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(3) a bill of sale, assignment, or contract;
(4) a promissory note;
(5) a security agreement;
(6) an invoice;
(7) a bill of lading;
(8) an affidavit;
(9) a probate or heirship proceeding or information;
(10) a judgment of a court of competent jurisdiction;
(11) evidence of an involuntary transfer as defined in Subdivision (5) of Subsection (a) of Section
31.053, as amended, which may be in affidavit form attaching copies of any pertinent underlying
documents; or
(12) other documents.
(d) An application for a certificate of title must be accompanied by the fee required by Section 31.048 of
this code.
(e) The department shall be authorized to issue certificates of title on an accelerated basis upon the
payment of a fee in addition to the fees provided in Section 31.048 of this code as determined
periodically by the department based on regulations the department shall establish.
(f) An application for a certificate of title on a homemade vessel, the origin of which is based on the
affidavit of the person building the vessel, proof of materials incorporated into the vessel, and the like,
must be accompanied by a certificate from a game warden commissioned by the department that the
vessel has been inspected by such officer and appears to be as applied for. The applicant shall pay a
fee of $25 to the department for this inspection.
Parks & Wildlife Code § 31.037. Change in Ownership Interest; Notice to Department
(c) The purchaser of a vessel shall present evidence of his ownership to the department within a
reasonable time along with his name, address, and the number of the vessel and shall at the same
time pay to the department a fee of $2 or an amount set by the commission, whichever amount is
more. On receipt of the application and fee the department shall transfer the certificate of number
issued for the vessel to the new owner. Unless the application is made and fee paid within a
reasonable time the vessel is without a certificate of number, and it is unlawful for any person to
operate the vessel until the certificate is issued.
Parks & Wildlife Code § 31.049. Form of Certificate of Title
(a) A certificate of title must be on a form prescribed by the department and must contain:
(1) the name and address of the owner of the vessel or outboard motor;
(2) the name of the owner of a security interest in the vessel or outboard motor; and
(3) a description of the vessel or outboard motor.
(e) Title may be transferred by surrender of the original certificate of title properly endorsed to show the
transfer, by evidence of an involuntary transfer as defined in Subdivision (5) of Subsection (a) of
Section 31.053, or by following the provisions of Subsection (c) of Section 31.053 of this code.
Parks & Wildlife Code § 31.050. Form of Manufacturer’s and Importer’s Certificate
(a) A manufacturer‘s certificate or an importer‘s certificate must include:
(1) a description of the vessel or outboard motor as required by Subdivision (2) of Subsection (b) of
Section 31.047 of this code;
(2) the name and place of construction or other origin;
(3) the signature of the manufacturer or an equivalent of the signature of the manufacturer; and
(4) the endorsement of the original and each subsequent transferee, including the applicant for the
original certificate of title.
(b) A lien, security interest, or other encumbrance may not be shown on a manufacturer‘s or importer‘s
certificate.
(c) A security interest in a vessel or outboard motor held as inventory by a person who is in the business
of selling or leasing goods of that kind may be perfected only by complying with Chapter 9, Business
& Commerce Code.
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Parks & Wildlife Code § 31.053. Transfers of Vessels and Outboard Motors
(a) No person may sell, assign, transfer, or otherwise dispose of an interest in a vessel or an outboard
motor without:
(1) if the transferee is not a manufacturer or a dealer and the vessel or outboard motor is new,
delivering to the department a manufacturer‘s or importer‘s certificate showing the endorsement
of the manufacturer and all intervening owners;
(2) if the transferee is a manufacturer or a dealer and the vessel or outboard motor is new, delivering
to the transferee a manufacturer‘s or importer‘s certificate showing the endorsement of the
manufacturer and all intervening owners;
(3) if the vessel or outboard motor is not covered by a certificate of title or a manufacturer‘s or
importer‘s certificate and if the transferor is a manufacturer or dealer, delivering to the department
sufficient evidence of title or other information to permit the issuance of a certificate of title for the
vessel or outboard motor in the name of the transferee;
(4) if the vessel or outboard motor is not covered by a certificate of title or a manufacturer‘s or
importer‘s certificate and if the transferor is not a manufacturer or dealer, delivering to the
transferee sufficient evidence of title or other information to permit the transferee to apply for and
receive a certificate of title for the vessel or outboard motor in the name of the transferee; or
(5) delivering to the transferee a certificate of title for the vessel or outboard motor in the name of the
transferor and properly endorsed to show the transfer or evidence of an involuntary transfer.
(b) For the purposes of Subsection (a)(5) of this section an involuntary transfer shall mean the transfer of
ownership pursuant to a contractual or statutory lien which confers the power or right to the transfer.
The evidence shall reflect the proper exercise of the right conferred pursuant to the lien.
(c) The transferor shall provide the documents or evidence required by Subsection (a) of this section to
the department or the transferee, as appropriate, in sufficient time to allow the transferee to register
and obtain a certificate of title for the vessel or outboard motor not later than 20 days after the date of
the sale.
(d) Notwithstanding the provisions of Subsection (a) of this section, a buyer of a new vessel or a new
outboard motor in the ordinary course of business as provided in Section 9.320(a), Business &
Commerce Code, takes the interest free of security interests as provided in that section. A buyer of a
vessel or outboard motor that is not new shall be governed by Subsection (a) of this section.
(e) The transferee shall provide the department with sufficient evidence of ownership for transfer of a
vessel or outboard motor if the transferee:
(1) failed to obtain the title from the transferor or the title was lost, stolen, or mutilated before the
transfer was made; and
(2) has made reasonable efforts to contact the transferor to obtain the required documentation.
(f) A person who is not licensed as a dealer, distributor, or manufacturer under this chapter must obtain a
certificate of number or certificate of title to a vessel or outboard motor in the person's name before
transferring the certificate of number or certificate of title.
Bonded Titles
Parks & Wildlife Code § 31.0465. Appeal Regarding Certificate of Title; Bond; Rules
(a) An applicant for a certificate of title under Section 31.046 may appeal the department's refusal to
issue the title by filing a bond with the department as provided by this section.
(b) A bond filed under this section must be:
(1) in the form prescribed by the department;
(2) executed by the applicant;
(3) issued by a person authorized to act as a surety business in this state;
(4) in an amount equal to 1-1/2 times the value of the vessel or outboard motor as determined by
the department; and
(5) conditioned to indemnify all prior owners and lienholder and all subsequent purchasers of the
vessel or outboard motor or persons who acquire a security interest in the vessel or outboard
motor, and their successors in interest, against any expense, loss, or damage, including
reasonable attorney's fees, resulting from:
(A) the issuance of the certificate of title for the vessel or outboard motor; or
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(B) a defect in or undisclosed security interest in the right, title, or interest of the applicant to or in
the vessel or outboard motor.
(c) The department may issue the certificate of title to the person filing the bond if the applicant proves to
the satisfaction of the department that:
(1) the vessel or outboard motor is not stolen; and
(2) issuance of a certificate of title would not defraud the owner or a lienholder of the vessel or
outboard motor.
(d) A person described by Subsection (b)(5) has a right of action to recover on the bond for a breach of a
condition of the bond described by Subsection (b)(5). The aggregate liability of the surety to all
persons may not exceed the amount of the bond.
(e) A bond filed under this section expires on the third anniversary of the date the bond became effective.
The department shall return an expired bond to the person who filed the bond unless the department
has been notified of a pending action to recover on the bond.
(f) On return of a bond under Subsection (e), the department shall issue a certificate of title to the person
to whom the bond is returned.
(g) In addition to the situation described by Subsection (c), the commission by rule may define
acceptable situations in which certificates of title may be issued after the filing of a bond under this
section.
Texas Administrative Code, Title 31, Part 2, Chapter 53
Bonded Title for Vessels/Outboard Motors
§53.100 Bonded Title Acceptable Situations
(a) A bonded title situation exists when complete documentation cannot be provided or obtained by an
applicant requesting title, registration or ownership transfer of a vessel or outboard motor. The
applicant may appeal the department's refusal to issue a certificate of title by applying for
consideration of a bonded title. The department will accept applications for bonded title as provided in
Parks and Wildlife Code, §31.0465.
(b) Bonded titles may be used in situations where the applicant is unable to produce complete
documentation required by the department in order to title or transfer ownership of a vessel or
outboard motor. Acceptable situations regarding the filing and award of a bonded title situation will
apply where a complete history of ownership for a vessel or outboard motor cannot be produced by
the applicant and the department has determined that the customer is unable to provide the history
due to the inability to locate the previous owners. Missing ownership documentation may consist of a
certificate of title, bill of sale, invoice, or tax affidavit signed by the owner of record, or authority to
handle a deceased person's estate. The inability to locate previous owners must be evidenced by
proof of returned certified mail or by the lack of any known addresses for a previous owner.
(c) The department shall not under any circumstances issue a bonded title if the applicant does not have
any proof of payment, ownership transfer or other related documentation to support a claim of
ownership.
Liens
(b) If there is no lien on the vessel or outboard motor, the original certificate of title shall be delivered to
the owner and a copy retained by the department.
(c) If there is a lien on the vessel or outboard motor, the original certificate of title shall be sent to the first
lien holder and a copy shall be retained by the department.
Parks & Wildlife Code § 31.050. Form of Manufacturer’s and Importer’s Certificate
(c) A security interest in a vessel or outboard motor held as inventory by a person who is in the business
of selling or leasing goods of that kind may be perfected only by complying with Chapter 9, Business
& Commerce Code.
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Parks & Wildlife Code § 31.052. Security Interest Liens
(a) Except as provided in Subsection (c) of Section 31.050 of this code and except for statutory liens,
security interests in a vessel or outboard motor shall be noted on the certificate of title of the vessel
or outboard motor to which the security interest applies.
Homemade Vessels
Parks & Wildlife Code § 31.047. Application; Form and Content; Fee
(f) An application for a certificate of title on a homemade vessel, the origin of which is based on the
affidavit of the person building the vessel, proof of materials incorporated into the vessel, and the like,
must be accompanied by a certificate from a game warden commissioned by the department that the
vessel has been inspected by such officer and appears to be as applied for. The applicant shall pay a
fee of $25 to the department for this inspection.
Serial Numbers
Serial numbers are mandatory on all vessels and outboard motors. Serial numbers are used by all
states to identify and recover vessels. Vessels built after November 1, 1972, must have a serial number
in one of the following standardized formats dictated by the USCG. Outboard motors do not have a
standardized serial number format.
Hull Identification Number Formats
Format
Date Required by USCG
Straight Year
November 1, 1972
Model Year
ABC
12345
12
83
Manufacturers
ID Code (MIC)
Production or
Serial #
Production
Month
Production Year
Production
Month*
TRU
12345
M
84
E
Designates
Model Year
Format (Always
'M')
Model Year
* KEY TO PRODUCTION MONTH OF MODEL YEAR FORMAT
Optional January 1, 1984,
New Format
Mandatory August 1, 1984
A - August
D - November
G - February
J - May
B - September
E - December
H - March
K - June
C - October
F - January
I - April
L - July
XYZ
12345
L
4
85
Manufacturers
ID Code (MIC)
Production or
Serial #
Production
Month
Production Year
Model Year
* KEY TO PRODUCTION MONTH OF NEW FORMAT
(New Format Replaced "Straight Year"
and "Model Year". Confidential HIN also
required as of August 1, 1984.)
A - January
D - April
G - July
J - October
B - February
E - May
H - August
K - November
C - March
F - June
I - September
L - December
The following situations require verification (pencil tracing) of boat/outboard motor serial numbers:
When the boat/motor is coming from out-of-state or another country (registered/titled in another
state/country).
When the boat/motor serial numbers are incorrect on ownership document (title/registration).
When the boat/motor is used and has never been titled or registered.
The serial number does not conform to Coast Guard regulation formatting (above).
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Parks & Wildlife Code § 31.043. Manufacturer’s Identification Number
(a) All vessels manufactured in Texas for sale and all vessels sold, numbered, or titled in Texas shall
carry a manufacturer‘s hull identification number clearly imprinted on the structure of the vessel or
displayed on a plate permanently attached to the vessel. Except as required to comply with Section
31.024 or 31.047, this subsection does not apply to a vessel that is not required by the United States
Coast Guard to have a hull identification number.
(b) The owner of a vessel that does not have a manufacturer‘s hull identification number may file an
application for a hull identification number with the department on forms approved by it. The
application must include a sworn statement describing the vessel, proving legal ownership, and, if
known, stating the reason for the lack of hull identification number. The application must be signed by
the owner of the vessel and must be accompanied by a fee of $25 and a certificate from a game
warden commissioned by the department stating that the vessel has been inspected by the officer
and appears to be as applied for. On receipt of the application in approved form, the department shall
enter the information on the records of its office and shall issue to the applicant a hull identification
number.
(c) No person may intentionally or knowingly destroy, remove, alter, cover, or deface an outboard motor
serial number, the manufacturer‘s hull identification number or plate bearing the hull identification
number, or the hull identification number or serial number issued by the department. No person may
possess a vessel with a hull identification number or an outboard motor with a serial number that has
been altered, defaced, mutilated, or removed.
(d) A person who has a vessel with an altered, defaced, mutilated, or removed hull identification number
or an outboard motor with an altered, defaced, mutilated, or removed serial number shall file a sworn
statement with the department describing the vessel or outboard motor, proving legal ownership,
and, if known, stating the reason for the destruction, removal, or defacement of the number. The
statement must be accompanied by a fee of $25 and a certificate from a game warden commissioned
by the department that the vessel or outboard motor has been inspected by the officer and appears
to be as applied for. On receipt of the statement in approved form, the department shall enter the
information on records of its office and shall issue to the applicant a hull identification number or
outboard motor serial number.
(e) This section does not apply to vessels with a valid marine document issued by the United States
Coast Guard‘s National Vessel Documentation Center or a federal agency that is a successor to the
National Vessel Documentation Center.
Replacement Titles
(b) If there is no lien on the vessel or outboard motor, the original certificate of title shall be delivered to
the owner and a copy retained by the department.
(c) If there is a lien on the vessel or outboard motor, the original certificate of title shall be sent to the first
lien holder and a copy shall be retained by the department.
(d) ―Original‖ shall be printed on an original certificate of title and ―duplicate original‖ shall be marked on a
duplicate of the original certificate.
Sales Tax
Parks & Wildlife Code § 31.046. Application for Certificate of Title
(d) The department or county tax assessor-collector may not issue a certificate of title unless the tax due
on the vessel or outboard motor under Chapter 160, Tax Code, is paid.
Sales Tax
Sales, Use and New Resident Tax
Outboard Motors and Vessels 65 feet in Length and Under
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Tax Code § 160.021. Retail Sales Tax
(a) A tax is imposed on every retail sale of a taxable boat or motor sold in this state. The tax is an
obligation of and shall be paid by the purchaser of the taxable boat or motor. If the purchaser pays
the tax to the seller, the tax is an obligation of and shall be paid by the seller.
(b) The tax rate is 6-1/4 percent of the total consideration.
Tax Code § 160.022. Use Tax
(a) A use tax is imposed on a taxable boat or motor purchased at retail outside this state and used in this
state or brought into this state for use by a Texas resident or other person who is domiciled or doing
business in this state. The tax is an obligation of and shall be paid by the person who uses the boat
or motor in this state or brings the boat or motor into this state.
(b) The tax rate is 6-1/4 percent of the total consideration.
Vessels Greater than 65 feet in Length
Tax Code § 151.3291. BOATS AND BOAT MOTORS.
(a) The sale, other than the lease or rental, and the storage, use, or other consumption of a taxable
boat or motor is exempt from the taxes imposed by this chapter.
(b) In this section, "taxable boat or motor" has the meaning assigned by Section 160.001.
Parks & Wildlife Code § 31.003. Definitions
(1) ―Boat‖ means a vessel not more than 65 feet in length, measured from end to end over the deck,
excluding sheer.
A boat (vessel) greater than 65 feet in length is subject to a sales tax rate of the state rate (6.25%) plus
the local rate (maximum of 2%). This tax is paid directly to the Office of the Comptroller of Public
Accounts.
Tax Code § 160.025. Credit for Other Taxes
A person is entitled to a credit against the tax imposed by Section 160.022 on a taxable boat or motor in
an amount equal to the amount of any similar tax paid by the person in another state on the sale,
purchase, or use of the taxable boat or motor if the state in which the tax was paid provides a similar
credit for a taxpayer of this state.
Tax Code § 160.002. Total Consideration (Total Taxable Value Amount)
(a) "Total consideration" means the amount paid or to be paid for a taxable boat or motor, including
accessories attached on or before the sale, without deducting:
(1) the cost of the item;
(2) the cost of material, labor or service, interest paid, loss, or any other expense;
(3) the cost of transportation of the item before its sale; or
(4) the amount of any manufacturer's or importer's excise tax imposed on the item by the United
States.
(b) "Total consideration" does not include amounts separately stated on the bill or contract for the
following:
(1) a cash discount;
(2) a full cash or credit refund to a customer of the sales price of the item returned to the seller;
(3) the amount charged for labor or service rendered in installing, applying, remodeling, or repairing
the item sold;
(4) a financing, carrying, or service charge or interest on credit extended on the item sold under a
conditional sale or other deferred payment contract;
(5) the value of a taxable boat or motor taken by a seller as all or a part of the consideration for sale
of the item; or
(6) a charge for transportation of the item after a sale.
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Tax Code § 160.023. New Resident
(a) A use tax is imposed on a new resident of this state who brings into this state for use in this state a
taxable boat or motor that has been purchased and owned by the new resident in any other state or
foreign country.
(b) The tax is $15 for each taxable boat or motor.
(c) The tax imposed by this section is in lieu of the tax imposed by Section 160.022.
Penalty and Interest
Tax Code § 160.041. Collection Procedure
(c) The tax imposed by Section 160.021 is due on the 20th working day after the date that the taxable
boat or motor is delivered to the purchaser. The purchaser or the seller, if the purchaser paid the tax
to the seller, shall pay the tax to the department, to an agent of the department, or to a tax assessorcollector on or before the due date.
(e) The tax imposed by Section 160.022 or 160.023 is due on the 20th working day after the date that the
taxable boat or motor is brought into this state. The person liable for the tax shall pay the tax to the
department or to a tax assessor-collector on or before the due date.
Tax Code § 160.045. Penalty
(a) A person who fails to pay a tax imposed by this chapter when due forfeits five percent of the amount
due as a penalty, and if the person fails to pay the tax before the 31st day after the date on which the
tax is due, the person forfeits an additional five percent.
(b) The minimum penalty imposed by this section is $1.
Tax Code § 151.512. Interest
Unpaid taxes imposed by this chapter draw interest beginning 60 days after the date on which the tax or
the amount of the tax required to be collected became due and payable to the state.
Information/History Requests
Parks & Wildlife Code § 31.039. Public Records; Fees
(a) All ownership records of the department made or kept under this chapter are public records.
(b) The commission may by rule charge a fee for access to ownership records and other records made
or kept under this chapter.
Parks & Wildlife Code § 31.0391. Release of Information
(a) The department or a county may not release the name or address of a person recorded in the
department vessel and outboard motor ownership records unless the department or county receives
a written request that:
(1) contains the requester‘s name and address; and
(2) states that the use of the information is for a lawful purpose.
(b) This section does not apply to the release of information to:
(1) a peace officer as defined by Article 2.12, Code of Criminal Procedure, who is acting in an official
capacity; or
(2) a state official or an official of a political subdivision of this state who requests the information for
tax purposes.
Self-Storage, Storage and Mechanics Liens
Self-Storage Liens
Property Code § 59.001. DEFINITIONS. In this chapter:
(1) "Lessor" means an owner, lessor, sublessor, or managing agent of a self-service storage facility.
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(2) "Rental agreement" means a written or oral agreement that establishes or modifies the terms of use
of a self-service storage facility.
(3) "Self-service storage facility" means real property that is rented to be used exclusively for storage of
property and is cared for and controlled by the tenant.
(4) "Tenant" means a person entitled under a rental agreement to the exclusive use of storage space at
a self-service storage facility.
Property Code § 59.006. Attachment and Priority of Lien
A lien under this chapter attaches on the date the tenant places the property at the self-service storage
facility. The lien takes priority over all other liens on the same property.
Property Code § 59.021. Lien; Property Attached
A lessor has a lien on all property in a self-service storage facility for the payment of charges that are due
and unpaid by the tenant.
Property Code § 59.042. Procedure for Seizure and Sale
(a) A lessor who wishes to enforce a contractual landlord's lien by seizing and selling or otherwise
disposing of the property to which it is attached must deliver written notice of the claim to the tenant.
(b) If the tenant fails to satisfy the claim before the 15th day after the day that the notice is delivered, the
lessor must publish or post notices advertising the sale as provided by this subchapter.
(c) If notice is by publication, the lessor may not sell the property until the 15th day after the day that the
first notice is published. If notice is by posting, the lessor may sell the property after the 10th day
after the day that the notices are posted.
Property Code § 59.043. Contents and Delivery of Notice of Claim
(a) The lessor's notice to the tenant of the claim must contain:
(1) an itemized account of the claim;
(2) the name, address, and telephone number of the lessor or the lessor's agent;
(3) a statement that the contents of the self-service storage facility have been seized under the
contractual landlord's lien; and
(4) a statement that if the claim is not satisfied before the 15th day after the day that the notice is
delivered, the property may be sold at public auction.
(b) The lessor must deliver the notice in person or by certified mail to the tenant's last known address as
stated in the rental agreement or in a written notice from the tenant to the lessor furnished after the
execution of the rental agreement. Notice by mail is considered delivered when the notice, properly
addressed with postage prepaid, is deposited with the United States Postal Service.
Property Code § 59.044. Notice of Sale
(a) The notice advertising the sale must contain:
(1) a general description of the property;
(2) a statement that the property is being sold to satisfy a landlord's lien;
(3) the tenant's name;
(4) the address of the self-service storage facility; and
(5) the time, place, and terms of the sale.
(b) The lessor must publish the notice once in each of two consecutive weeks in a newspaper of general
circulation in the county in which the self-service storage facility is located. If there is not a
newspaper of general circulation in the county, the lessor may instead post a copy of the notice at the
self-service storage facility and at least five other conspicuous locations near the facility.
Property Code § 59.045. Conduct of Sale
A sale under this subchapter must be a public sale at the self-service storage facility or a
reasonably near public place. The lessor must conduct the sale according to the terms specified in the
notice advertising the sale and sell the property to the highest bidder.
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Property Code § 70.006. Sale Of Motor Vehicle, Motorboat, Vessel, Or Outboard Motor.
(a) A holder of a lien under this subchapter or Chapter 59 on a motor vehicle subject to Chapter 501,
Transportation Code, or on a motorboat, vessel, or outboard motor for which a certificate of title is
required under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who retains
possession of the motor vehicle, motorboat, vessel, or outboard motor shall, not later than the 30th
day after the date on which the charges accrue, give written notice to the owner and each holder of a
lien recorded on the certificate of title. If the motor vehicle, motorboat, vessel, or outboard motor is
registered outside this state, the holder of a lien under this subchapter who retains possession during
that period shall give notice to the last known registered owner and each lienholder of record.
(b) Except as provided by Subsection (c), the notice must be sent by certified mail with return receipt
requested and must include the amount of the charges and a request for payment.
(c) The notice may be given by publishing the notice once in a newspaper of general circulation in the
county in which the motor vehicle, motorboat, vessel, or outboard motor is stored if:
(1) the holder of the lien submits a written request by certified mail, return receipt requested, to the
governmental entity with which the motor vehicle, motorboat, vessel, or outboard motor is
registered requesting information relating to the identity of the last known registered owner and
any lienholder of record;
(2) the holder of the lien:
(A) is advised in writing by the governmental entity with which the motor vehicle, motorboat,
vessel, or outboard motor is registered that the entity is unwilling or unable to provide
information on the last known registered owner or any lienholder of record; or
(B) does not receive a response from the governmental entity with which the motor vehicle,
motorboat, vessel, or outboard motor is registered on or before the 21st day after the date the
holder of the lien submits a request under Subdivision (1);
(3) the identity of the last known registered owner cannot be determined;
(4) the registration does not contain an address for the last known registered owner; and
(5) the holder of the lien cannot determine the identities and addresses of the lien holders of record.
(d) The holder of the lien is not required to publish notice under Subsection (c) if a correctly addressed
notice is sent with sufficient postage under Subsection (b) and is returned as unclaimed or refused or
with a notation that the addressee is unknown or has moved without leaving a forwarding address.
(e) After notice is given under this section to the owner of or the holder of a lien on the motor vehicle,
motorboat, vessel, or outboard motor, the owner or holder of the lien may obtain possession of the
motor vehicle, motorboat, vessel, or outboard motor by paying all charges due to the holder of a lien
under this subchapter and Chapter 59 before the 31st day after the date the notice is mailed or
published as provided by this section.
(f) If the charges are not paid before the 31st day after the day that the notice is mailed or published, as
applicable, the lienholder may sell the motor vehicle, motorboat, vessel, or outboard motor at a public
sale and apply the proceeds to the charges. The lienholder shall pay excess proceeds to the person
entitled to them.
Storage and Mechanics Liens
Property Code § 70.003. Stable Keeper's, Garageman's, Pasturer's, And Cotton Ginner's LIEN'S.
(a) A stable keeper with whom an animal is left for care has a lien on the animal for the amount of the
charges for the care.
(b) An owner or lessee of a pasture with whom an animal is left for grazing has a lien on the animal for
the amount of charges for the grazing.
(c) A garageman with whom a motor vehicle, motorboat, vessel, or outboard motor is left for care has a
lien on the motor vehicle, motorboat, vessel, or outboard motor for the amount of the charges for the
care, including reasonable charges for towing the motor vehicle, motorboat, vessel, or outboard
motor to the garageman's place of business and excluding charges for repairs.
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Property Code § 70.004 POSSESSION OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR
OUTBOARD MOTOR.
(a) A holder of a lien under Section 70.003 on a motor vehicle, motorboat, vessel, or outboard motor
who obtains possession of the motor vehicle, motorboat, vessel, or outboard motor under a state law
or city ordinance shall give notice for a motor vehicle, motorboat, vessel, or outboard motor
registered in this state to the last known registered owner and each lienholder of record not later than
the fifth day after the day possession is obtained. If the motor vehicle, motorboat, vessel, or outboard
motor is registered outside this state, the notice shall be given to the last known registered owner and
each lienholder of record not later than the 14th day after the day possession is obtained.
requested and must contain:
(1) a request to remove the motor vehicle, motorboat, vessel, or outboard motor;
(2) a request for payment;
(3) the location of the motor vehicle, motorboat, vessel, or outboard motor; and
(4) the amount of accrued charges.
(1) the motor vehicle, motorboat, vessel, or outboard motor is registered in another state;
holder of the lien submits a request under
Subdivision (2);
(6) the holder of the lien cannot determine the identities and addresses of the lien holders of record.
Property Code § 70.006. Sale of Motor Vehicle, Motorboat, Vessel, or Outboard Motor
(a) A holder of a lien under this subchapter or Chapter 59 on a motor vehicle subject to Chapter 501,
Transportation Code, or on a motorboat, vessel, or outboard motor for which a certificate of title is
required under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who retains
possession of the motor vehicle, motorboat, vessel, or outboard motor shall, not later than the 30th
day after the date on which the charges accrue, give written notice to the owner and each holder of a
lien recorded on the certificate of title. If the motor vehicle, motorboat, vessel, or outboard motor is
registered outside this state, the holder of a lien under this subchapter who retains possession during
that period shall give notice to the last known registered owner and each lienholder of record.
requested and must include the amount of the charges and a request for payment.
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holder of the lien submits a request under Subdivision (1);
(5) the holder of the lien cannot determine the identities and addresses of the lienholders of record.
(e) After notice is given under this section to the owner of or the holder of a lien on the motor vehicle,
motorboat, vessel, or outboard motor, the owner or holder of the lien may obtain possession of the
motor vehicle, motorboat, vessel, or outboard motor by paying all charges due to the holder of a lien
under this subchapter and Chapter 59 before the 31st day after the date the notice is mailed or
published as provided by this section.
(f) If the charges are not paid before the 31st day after the day that the notice is mailed or published, as
applicable, the lienholder may sell the motor vehicle, motorboat, vessel, or outboard motor at a public
sale and apply the proceeds to the charges. The lienholder shall pay excess proceeds to the person
entitled to them.
Marine Licensing - Requirements
Parks & Wildlife Code § 31.0003. Definitions
(7) "Dealer" means a person engaged in the business of buying, selling, selling on consignment,
displaying for sale, or exchanging at least five vessels, motorboats, or outboard motors during a
calendar year.
(11) "Manufacturer" means a person engaged in the business of manufacturing new and unused vessels
and outboard motors for the purpose of sale or trade.
(16) "Distributor" means a person who offers for sale, sells, or processes for distribution new boats or
outboard motors to dealers in this state.
Parks & Wildlife Code § 31.041. Dealer’s, Distributor’s, and Manufacturer’s License
(a) A person may not engage in business in this state as a dealer, distributor, or manufacturer unless the
person holds a license issued under this section. A dealer must have a license for each place of
business owned and operated by the person.
Parks & Wildlife Code § 31.0411. Term of License; Transfer
(a) Except as provided by Subsection (b), a license issued under Section 31.041:
(1) is valid for two years from the date of issuance; and
(2) may not be transferred to another person.
Parks & Wildlife Code § 31.0413. Exemption From Dealer Licensing Requirements
The dealer licensing provisions of this subchapter do not apply to the sale of a canoe, kayak, punt,
rowboat, rubber raft, paddleboat, or other vessel that is less than 12 feet in length and has a horsepower
rating of five horsepower or less or to the sale of an outboard motor with a manufacturer's rating of five
horsepower or less.
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Definitions
Commonly used terms defined to clarify their meaning as they relate to
boat/outboard motor transaction processing. Terms defined by Texas statute or
Texas Administrative Code.
Abandoned - a vessel and/or outboard motor left unattended on public or private property for more than
48 hours. The only authorized individual to take possession of an abandoned vessel or outboard motor
is a law enforcement agency. (Transportation Code 683.002 & 683.011(a))
Administrator - The person appointed by the court to handle the estate of someone who died without a
will, with a will with no named executor, or the executor named in the will cannot serve.
Authorized Agent – a dealer who is authorized by the department under Section 31.006 of this code to
collect taxes and fees and issue certificates of number. (Parks and Wildlife Code 31.006)
Bill of Sale - Handwritten Receipt or Sales Invoice is required receipt of the sales transaction for every
transfer of ownership. The bill of sale must contain the date of sale, sales price (DO NOT include sales
price of trailer), description of vessel and/or outboard motor (make, TX or serial number and year built),
purchaser(s) name, and seller(s) signature.
Boat – a vessel not more than 65 feet in length, measured from end to end over the deck, excluding the
sheer. (Parks and Wildlife Code 31.003(1))
Builder’s Certificate – See ―Manufacturer‘s Statement of Origin‖.
Certificate of Number - (registration card) - a pocket-sized card displaying the name and address of the
owner, a description of the vessel, the TX number assigned, and the date of expiration. This card should
be carried on board the vessel and must be produced at the request of a law enforcement officer. (Parks
and Wildlife Code 31.028)
Certified Copy – (certified copy of original by the court) If a document is a legal instrument on file with a
court (e.g. Last Will and Testament and Muniment of Title, Letters Testamentary, Letters of
Administration, Divorce Decree or other court order), we will accept an original certified copy issued by
the courthouse in lieu of the original document. An acceptable certified copy is identified by an original
stamp applied by the court indicating that the document is on file with the court.
Certified (Replacement) Copy of Original - (CCO) – a duplicate title issued by Texas Parks and
Wildlife. Once this title is reissued, the original title is no longer valid. (Parks and Wildlife Code 31.051)
Circumstances - detailed course of events, (what happened, supporting documents, expected
outcome), including a description of the vessel and/or outboard motor (i.e. HIN, MIN, TX#, etc.).
 Note: Circumstances are documented on PWD 314 - Affidavit of Facts
Dealer – "Dealer" means a person engaged in the business of buying, selling, selling on consignment,
displaying for sale, or exchanging at least five vessels, motorboats, or outboard motors during a calendar
year. (Parks and Wildlife Code 31.003(7))
Decal – a sticker that shows the month and year the registration expires. This sticker must be displayed
on each side of the vessel towards the stern and in line with the registration number. (Parks and Wildlife
Code 31.032)
Distributor – a person who offers for sale, sells, or processes for distribution new boats or outboard
motors to dealers in this state. (Parks and Wildlife Code 31.003(16))
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Divorce Decree – a legal document dissolving a marriage. The description of vessel and/or outboard
motor should be included. If we can verify the couple has only on vessel and/or outboard motor and the
description is not included in the decree, this is acceptable. We must have the entire copy of the certified
copy issued by the county courthouse.
Executor – the person legally appointed to execute a will and administer the distribution of an estate.
Fulfillment – is the documents issued at the completion of a vessel/outboard motor transaction (i.e. title,
decals, id card, receipts).
Heir – one who inherits or is entitled to inherit property (legal documentation is required).
Letters of Administration – a document issued by the court clerk which states the authority of the
administrator of an estate of person who has died, when there is no will or no available executor named
by a will and an administrator has been appointed by the court.
Letters Testamentary – a document issued by the court clerk which states the authority of the executor
of an estate of a person who has died.
HIN – acronym for hull identification number.
Lien Holder – a person or business that has a security interest in the vessel and/or outboard motor.
Livery– (vessel livery) means a business establishment engaged in renting or hiring out vessels for
profit.
Manufacturer – a person engaged in the business of manufacturing new and unused vessels and
outboard motors for the purpose of sale or trade. (Parks and Wildlife Code 31.003 (11))
Manufacturer’s Statement of Origin – a document issued by the manufacturer of a boat or outboard
motor to identify the boat or outboard motor by its specifications (make, model, year, length, construction
material, hull identification number, motor serial number, horsepower) and to track all transfers of
ownership (assignments) prior to the issuance of a title. The M.S.O. must be properly assigned to show
a clear progression of ownership from the manufacturer to the purchaser applying for a title. (Parks and
Wildlife Code 31.050)
Mechanic’s lien – a process used for a business and/or repair facility to recoup unpaid fees for repairs.
Charges are recovered by foreclosing and selling the boat/outboard motor at public auction. (Property
Code, 70.001)
Motorboat – any vessel propelled or designed to be propelled by machinery, whether or not the
machinery is permanently or temporarily affixed or is the principal source of propulsion. (Parks and
Wildlife Code 31.003(3))
Muniment of Title – a decree of distribution proving inheritance.
Negotiable Title – (certificate of title) – the legal instrument that constitutes evidence of ownership and is
legally transferable when the boat or outboard motor is sold or given. It includes a description of the
vessel and/or outboard motor, the name and address of the owner, and, if applicable, lien holder
information. It will have an area on the back for documenting transfers of ownership (title assignments)
such as the seller assigning the title over to the purchaser, or a dealer assigning the title to another
dealer, etc.). (Parks and Wildlife Code 31.045 and 31.049)
New – every vessel or outboard motor after its manufacture and before its sale or other transfer to a
person not a manufacturer or dealer. (Parks and Wildlife Code 31.003 (12))
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Non-negotiable title – (certificate of title) when a lien is recorded on a boat or outboard motor title, the
negotiable title is issued by Texas Parks and Wildlife to the lien holder instead of to the owner. The lien
holder holds the negotiable title until the loan is paid and then forwards the negotiable title to the owner.
Prior to September 1, 2003, a non-negotiable copy of the title was issued to the purchaser for his
records. These non-negotiable titles are clearly marked ―non-negotiable‖ on the face and have no title
assignments printed on the back. They do not constitute evidence of ownership and are not legally
transferable. As of September 1, 2003, non-negotiable titles are no longer issued by TPWD.
Notary – (notarization) – a person approved by the Office of the Secretary of State to attest and certify
that signatures are authentic. Notarization requires the signature and the seal/stamp of notary.
Operate – to navigate or otherwise use a motorboat or a vessel. (Parks and Wildlife Code 31.003 (6))
Original – a vessel and/or outboard motor being registered and titled in Texas for the first time.
Also, a document containing the original signatures of the participants – not a photocopy, facsimile or
reproduction.
Outboard motor – any self-contained internal combustion propulsion system, excluding fuel supply,
which is used to propel a vessel and which is detachable as a unit from the vessel. (Parks and Wildlife
Code 31.003 (13))
Owner - the person who rightfully claims lawful possession of a vessel by virtue of the legal title or an
equitable interest. (Parks and Wildlife Code 31.003 (4))
Owner of record – the individual named in Texas Parks and Wildlife (or out of state Agency) records
(and thus on the face of the title) as the owner of a boat or motor. A transfer of ownership is not
recognized in TPWD records until the purchaser fulfills the legal obligation of transferring the title (and
record of ownership) into his or her name with the Department.
Personal watercraft – a type of motorboat that is specifically designed to be operated by a person or
persons sitting, standing, or kneeling on the vessel rather than in the conventional manner of sitting or
standing inside the vessel. (Parks and Wildlife Code 31.003 (14))
Political Subdivisions – any branch of government (i.e. federal, state, city and county).
Power of Attorney – is a legal document used to designate a representative (individual or company) to
conduct business on behalf of another. Signatures must be notarized.
Probate – the process of proving a will is valid and thereafter administering the estate of a dead person
according to the terms of the will or under court supervision. The first step is to file the purported will with
the clerk of the appropriate court in the county where the deceased lived, along with a petition to have
the court approve the will and appoint the executor named in the will (or, if none is available, then an
administrator). If the court determines the will is valid, the court ―admits‖ the will to probate. Probate
may not be necessary if the estate is small with no real estate title to be transferred, or all of the estate is
jointly owned or community property.
Properly Assigned - means all information is correct and complete with purchaser‘s name and address,
lienholder information if applicable, and signature of company/individual authorized to sell the item.
Purchaser – name in which the vessel and/or outboard motor will be titled.
Reasonable time – 15 days. (Parks and Wildlife Code 31.003 (10))
Reject sheet or reject letter – a document that indicates the reasons why an application cannot be
processed and is being returned to the county or customer.
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Retail Sale – a sale of an item other than a sale in which the dealer or manufacturer acquires the item
for the exclusive purpose of resale. (Tax Code 160.001 (6))
Sale – includes: (Tax Code 160.001 (7))
- an installment and credit sale;
- an exchange of property for property or money;
- an exchange in which property is transferred but the seller retains title as security for payment
of the purchase price; and
- any other closed transaction that constitutes a sale.
Self-service storage facility - real property that is rented to be used exclusively for storage of property
and is cared for and controlled by the tenant. (Property Code 59.001(3))
Skip transfer – transfer of a vessel and/or outboard motor from a non-recorded owner to a purchaser.
(Parks and Wildlife Code 31.053) [See ―Trail of Ownership‖ under Who Can Do What … section]
Statutory lien – is a lien imposed by statute, such as a statutory lien held by a self-service storage
facility or a mechanic‘s lien. (Property Code Chapter 59 and 70)
Storage lien – a process used by a business and/or storage facility to recoup unpaid storage fees.
Charges are recovered by foreclosing and selling the boat/outboard motor at public auction. (Self-service
storage liens use form PWD 309B, all other statutory liens use form PWD 309.) (Property Code, Chapter
59 & 70)
Taxable boat or motor – a boat other than a canoe, kayak, rowboat, raft, punt, or other vessel designed
to be propelled by paddle, oar, or pole; or an outboard motor. (Tax Code 160.001 (9))
Title – see ‗negotiable title‘.
TX number – the unique number assigned by TPWD to identify a vessel or outboard motor on record in
Texas. Vessel TX numbers must be displayed on the vessel itself. (The only exception being USCG
documented vessels.) (Parks and Wildlife Code 31.021, 31.031, 31.032)
U. S. Coast Guard (USCG) – the federal agency that sets and enforces federal regulations concerning
water and vessel safety and the manufacturing of vessels, and documents vessels for which federal
ownership records apply rather than state titles.
Vessel – any watercraft, other than a seaplane on water, used or capable of being used for
transportation on water. (Parks and Wildlife Code 31.003 (2))
Water of this state – any public water within the territorial limits of this state. (Parks and Wildlife Code
31.003 (5))
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Additional Available Resources
Includes information on the TPWD Boat Titling and Registration Matrix, TPWD
Field Liaisons, and TPWD Boat Information.
Boat Titling and Registration Matrix – Provides requirements for specific transactions. It was
created to assist staff and the general public in the following areas:
Standardization of existing rules for current employees to reference.
Quick reference guides for new employee's to use.
Used to print out and provide customers with a listing of the required documents and actions
needed to get their transaction processed. Specific lines within the matrix can be highlighted to
provide a customer with better information regarding the needed actions and documents.
Quick reference guides for the public to access on the TPWD web site and follow when buying or
selling vessels or motors.
It is available to view or to print at:
http://www.tpwd.state.tx.us/fishboat/boat/owner/titles_and_registration/
It is broken out into seven separate categories:
New from Dealer or Manufacturer or New Homemade - This matrix provides the requirements
for titling/registration of a brand new boat/outboard motor or a newly built homemade boat. This
matrix is broken down into the following categories:
 Acquired as New from Texas Dealer/Manufacturer or New Homemade
 Acquired as New Outside of Texas from Dealer/Manufacturer or New Homemade
 Ex: Customer purchased new boat from licensed Texas dealer and is now titling and
registering.
Not Currently Titled and/or Registered through TPWD - This matrix provides the
requirements for titling/registration of a boat/outboard motor that is currently not titled/registered
through Texas Parks and Wildlife Department. This matrix is broken down into the following
categories:
 No Record Exists – Original Owner
 No Record Exists – Acquired from Previous Owner
 Record Exists Outside of Texas – Original Owner
 Record Exists Outside of Texas – Acquired from Previous Owner
 Ex: Boat was titled and/or registered in another state. Customer has moved and is now
wanting to title and register in Texas.
Transfer of Boat/Outboard Motor With Existing Title and/or Registration Through TPWD This matrix provides the requirements for transferring ownership of a boat/outboard motor that is
titled/registered through the Texas Parks and Wildlife Department. This matrix is broken down
into the following categories:
 Vessels and Outboard Motors Titled – TPWD Record Exists
 Vessels Registered but not Titled – TPWD Record Exists
 Ex: Boat is currently titled and registered in Texas and the owner of record has sold it.
Purchaser now wants to transfer the title and registration into their name.
Maintenance of Boat/Outboard Motor With Existing Title and/or Registration through
TPWD - This matrix provides the requirements for maintenance events by the existing owner to a
boat/outboard motor that is titled/registered through TPWD. Maintenance events include:
renewal of registration; replacement of title(s), registration decals with matching ID card or
Certificate of Number ID Card; additional ID card(s); and change or correction to name, address
or vessel/outboard motor description. This matrix is broken down into the following categories:
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

Vessels and Outboard Motors Titled
Vessels Registered But Not Titled
Registration of USCG Documented Vessels - This matrix provides the requirements for
registering or transferring registration of a boat/vessel that has been documented through the
United States Coast Guard (USCG). This matrix is broken down into the following categories:
 New Registration
 Renewal of Registration
 Transfer of Registration-due to change in ownership with registration current and greater
than 90 days from expiration
 Transfer of Registration-due to change in ownership with registration within 90 days of
expiration or registration is expired
Sold Under Statutory Lien Foreclosure - This matrix provides the requirements for
titling/registration of a boat/outboard motor that is being sold for non-payment of storage or
mechanic fees. This matrix is broken down into the following categories:
 Self Storage Lien
 Storage Lien
 Garageman/Mechanic/Towing Lien
 Ex: Owner of record has left their boat at mechanic‘s shop for repair and has failed to pay for the repairs
and pick up their boat. The mechanic‘s shop can, under the provisions of the foreclosure lien statute,
execute a mechanics lien to recoup their losses.
Sales Tax Only - This matrix provides the requirements for paying Sales Tax Only. This applies
when the boat/outboard motor is exempt from title and/or registration through TPWD but still
subject to boat sales and use tax.
 Ex: Customer has purchased boat in Texas and will be titling and/or registering it out of state.
NOAA Documented Vessel Query – The NOAA maintains a complete copy of the USCG vessel
database that is available for extracting vessel characteristic, documentation, and ownership data. This
database is updated on a monthly basis. Their query program only retrieves data about vessels which
usually are craft that are 5 net tons or larger and are documented by the USCG. Craft less than 5 net
tons ("boats") are numbered by individual states. You can search by vessel name from the following
address: http://www.st.nmfs.noaa.gov/st1/CoastGuard/VesselByName.html. You can also search by the
vessel documentation number from the following address:
http://www.st.nmfs.noaa.gov/st1/CoastGuard/VesselByID.html.
USCG Documented Vessel Search Sites - The Coast Guard maintains a searchable database
on vessels. The PSIX Vessel Search Page allows you to search for a particular vessel by using one or
more search criteria, including Vessel Name, Vessel Number, Vessel Call Sign, and Vessel Hull Number.
This database will provide the VIN number necessary to query for complete documentation information
on the NOAA website. (It will not provide any ownership information.) This information is available on the
Coast Guard website at the following address: http://cgmix.uscg.mil/PSIX/PSIXSearch.aspx
Manufacturers Identification Code (MIC)
The Coast Guard also maintains a searchable database of all recreational boat manufacturers in the
United States and U.S. importers of recreational boats. It gives you fast access to information including
the company name, address, phone number, and operating status. Searches can be performed by the
three-letter MIC identifier, the Company Name, the City, and/or the State. This information is available on
the Coast Guard website at the following address: http://www.uscgboating.org/recalls/mic1.aspx
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Lien Holder Information – The following links are available to search for bank and/or financial
institution contact information and/or status (names changes, etc):
http://www.ffiec.gov/nicpubweb/nicweb/SearchForm.aspx
http://www2.fdic.gov/idasp/main_bankfind.asp
Texas Comptroller of Public Accounts – Available from 7:30am – 5:30pm each business day
to answer specific questions regarding boat and outboard motor sales, use and new resident tax. The
Comptrollers office can be reached at 1-800-252-5555.
TPWD Field Liaisons - Available from 8:00am - 5:00pm each business day to answer questions and
concerns from TPWD Law Enforcement Offices and Tax Accessor Collector County Offices. They can be
reached at (512) 389-8090 or (512) 389-4393.
TPWD Boat Information - Available from 8:00am - 5:00pm each business day to answer questions
and concerns from the general public. Boat information can be reached at (512) 389-4828 or toll free at
1-800-262-8755.
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Forms
A list of current form names and their corresponding form numbers. The use for
each form is also listed.
All current forms can be found on the Texas Parks and Wildlife web site at:
http://www.tpwd.state.tx.us/fishboat/boat/forms/
These forms are listed in numerical order as follows:
PWD 143 - Vessel/Boat Application: Title and Registration, Registration for USCG, or Sales Tax
Only
This form is used to:
Apply for Texas title and registration for a brand new vessel/boat.
Transfer ownership (registration & title) of a used vessel/boat.
Apply for Texas registration for a USCG documented vessel.
Pay "sales tax only" on vessels 65 feet and under.
Instructions for completing the application and schedule of fees are included with the form.
PWD 143M - Vessel/Boat Records Maintenance
Renew TX vessel/boat registration.
Replace a lost or destroyed vessel/boat title.
Replace registration decals and ID card.
Replace Certificate of Number ID Card.
Obtain additional Certificate of Number ID Card(s).
Make changes or corrections to owner name, mailing address or vessel/boat description.
PWD 144 - Outboard Motor Application: Title or Sales Tax Only
Apply for Texas title for a brand new outboard motor.
Transfer ownership (title) of a used outboard motor.
Pay "sales tax only" on an outboard motor.
PWD 144M - Outboard Motor Records Maintenance
Replace a lost or destroyed outboard motor title.
Make changes or corrections to owner name, mailing address or outboard motor description.
Instructions for completing the application and schedule fees are included with the form.
PWD 231 - Release of Lien for Vessel/Outboard Motor
The recorded lien holder may release the lien by: signing and dating the face of the negotiable Certificate of Title;
completing the Release of Lien form; or completing the "release a lien" section on form PWD 403. Separate
application form(s) are required for each vessel and outboard motor.
Submit with applicable forms(s): PWD 143, PWD 144, PWD 403.
Lien holder signature must be notarized.
If the lien holder‘s name has changed, the complete progression of name changes must be recorded on the
Release of Lien, or the link to the original lien holder may be established with supporting documentation.
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PWD 309 - Storage-Mechanic's Lien Questionnaire Affidavit
PWD 309A - Storage-Mechanic's Lien Questionnaire Affidavit Procedures
Affidavit: PWD 309, Procedures: PWD 309A — (each form front and back)
Storage/Mechanic's Lien Questionnaire Affidavit Procedures is a checklist for each step required in filing a
Storage/Mechanic's Lien.
The Questionnaire Affidavit PWD 309 is completed when transferring a vessel and/or outboard motor into the
name of an individual or business due to a storage or mechanic's lien. Separate application forms required for
each vessel and outboard motor.
Additional form(s) needed: PWD 143 and/or PWD 144, PWD 504, PWD 763.
The Questionnaire Affidavit form(s) must be completed in full, signed, and notarized.
PWD 309B - Affidavit of Statutory Lien Foreclosure Sale by Self-Service Storage Facility
PWD 309C - Instructions for Transfer of Title of Vessel or Outboard Motor after Foreclosure Sale
under Self-Service Storage Lien
Affidavit: PWD 309B; Instructions: PWD 309C
Instructions for Transfer of Title of Vessel or Outboard Motor after Foreclosure Sale under Self-Service Storage
Lien lists each step required in filing a self-service storage lien, as well as any additional forms that may be
required.
Affidavit of Statutory Lien Foreclosure Sale by Self-Service Storage Facility is completed when transferring a
vessel and/or outboard motor into the name of an individual or business due to a self-service storage lien.
Separate application forms required for each vessel and outboard motor.
Additional form(s) needed: PWD 143 and/or PWD 144, PWD 504, PWD 763.
The Questionnaire Affidavit form(s) must be completed in full, signed, and notarized.
PWD 310 - Application for Dealer, Distributor or Manufacturer License
The basic application form used for all Marine License activity including:
Original (new) license.
Renew license.
Transfer license to new owner.
Transfer license to new location.
Correct or update license information.
The application form must be completed in full, signed and notarized.
PWD 310A - Application for Marine Licensee Temporary Use Validation Card and/or Decal Set
Purchase additional Temporary Use Validation Card with Decal Set.
Replace a lost Temporary Use Validation Card.
Request a corrected Temporary Use Validation Card.
PWD 311 - Boating Accident Report Form
This form is used by boat operator to report a boating accident.
The report must be submitted on or before the expiration of 30 days after the incident.
PWD 312 - Affidavit for Repossessed Boat and/or Motor
Form used by lien holder to repossess a boat and/or motor because of failure of the boat and/or outboard motor
owner to meet the terms of their financial obligation.
Submit with applicable form(s): PWD 143, PWD 144.
The Affidavit for Repossessed Boat and/or Motor form must be completed in full, signed and notarized.
PWD 314 - Affidavit of Facts
This form is used to provide written explanations of specific situations.
Form is used as a support document. Submit with applicable form(s): PWD 143, PWD 143M, PWD 144, PWD
144M, PWD 403.
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PWD 388A - Bonded Title Process (Instructions)
PWD 388 Request for Bonded Title Application Review
This form is used to accompany existing applications and supporting documentation for either a boat or outboard
motor, which does not qualify for titling due to a lack of documentation involving a title, bill of sale or invoice, or
vessel obtained through an inheritance.
Completed form will be used to review and assess the circumstance to determine if a bonded title is appropriate.
Do not send fees with this application. Fees will be determined upon review and included in additional
correspondence.
PWD 403 - Request to Release a Lien, Add a New Lien, or Correct a Lien
This form is used to make the following changes to lien holder information:
Release an existing lien. The lien holder signature must be notarized for release of existing lien.
Add a new lien.
Correct existing lien information.
PWD 504 - Affidavit of Facts for Identification/Serial Number
This form is used to verify serial number/hull identification number on vessel/outboard motor.
An attempt to trace the identification/serial number is required. If the numbers cannot be read on the tracing,
trace it anyway, then write the number below the tracing.
144M.
PWD 581 - Letter of Authorization
The owner of record may use this form to authorize another individual to process their registration or titling
transaction.
This form does not function as Power of Attorney.
This form does not allow the authorized individual to sign for the owner/applicant.
PWD 736 -
Affidavit for Proof of Ownership of Vessel or Outboard Motor
A TPWD Law Enforcement Field Office provides this form to an applicant after applicable ownership documents have
been reviewed and determined processable.
This form is used to verify ownership and description of vessel/outboard motor. Front of form to be completed in
full by vessel/outboard motor owner. Back of form to be completed in full by a Texas Game Warden upon
inspection of vessel/outboard motor. Separate application forms required for each vessel and outboard motor.
Submit with applicable form(s): PWD 143, PWD 143M, PWD 144, PWD 144M.
PWD 738 - Affidavit of Heirship for a Vessel/Boat and/or Outboard Motor (PWD738)
This form is used when owner is deceased and the deceased left either no will or a will; that no application for
administration has been filed; that there is no necessity for an administration upon the estate.
144M.
The Affidavit of Heirship form must be completed in full, signed and notarized.
PWD 763 - Ownership/Lien Holder Information Printout or Ownership History Request
Obtain a computer printout, which provides the current owner/lien holder name, address and vessel and/or
outboard motor description.
Obtain the History, which provides a copy of all documents submitted for transactions on file for a vessel and/or
outboard motor. TPWD retains historical documentation for vessels and outboard motors for a period of 10
years.
History requests must be sent to TPWD Austin Headquarters for processing.
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PWD 778 - Pawn Shop Affidavit
This form is used when a vessel and/or outboard motor has been left as unredeemed pledged goods at a pawn
shop. Separate application forms required for each vessel and outboard motor.
The pawn shop is required to title the vessel/outboard motor in the pawn shop's name before selling (unless the
pawn shop is a licensed Marine Dealer).
Additional form(s) needed: PWD 143 and/or PWD 144.
The Pawn Shop Affidavit must be completed in full, signed and notarized.
PWD 790 - Rights of Survivorship Ownership Agreement for a Vessel and/or Outboard Motor
This form used when primary owner and co-owner agree that the ownership of a vessel and/or outboard motor
be held jointly and in the event of the death of either, the ownership will vest in and belong to the surviving
owner.
Additional form(s) needed: PWD 143 and/or PWD 144.
The Rights of Survivorship form must be completed in full, signed and notarized.
PWD 930 – Boat Sales Tax Manual Computation Worksheet
Manual worksheet used in preparing forms PWD 143 and PWD 144. This form is used to:
Calculate sales tax owed Texas.
Calculate penalties for delinquent sales tax payments.
Calculate interest for delinquent sales tax payments.
Instructions for completing the worksheet are included with the form.
PWD 1055 – Limited Power of Attorney for a Vessel and/or Outboard Motor (PWD 1055)
This form is a legal document used to designate a representative (individual or company) to conduct business
and sign documents on behalf of another.
144M, PWD403
The Limited Power of Attorney form must be completed in full, signed and notarized.
PWD 1056 – Affidavit of Authority to Administer Trust (PWD 1056)
This form is used when the owner of record is in a trust name and the trust is transferring ownership. The trustee
can use this form or a complete copy of the trust to show authority as trustee and authorization to sign on behalf
of the trust.
144M, PWD403.
The Affidavit of Authority to Administer Trust must be completed in full, signed and notarized.
PWD 1084 – Void Request
This form is used by TPWD or its Agent to void a TPWD vessel/boat and/or outboard motor title/registration
transaction.
A void is a transaction within the Boat Registration Information and Titling System that involves reversing prior
transactions which involve changes to money. Corrections which do not involve money may be handled through
Processor Error Corrections which are available on the Maintenance forms.
Additional form(s) available: PWD 143M and/or PWD 144M.
PWD 1175 – Affidavit of Fee Exemption for Military Personnel
This form is used by military personnel preparing to be deployed to serve in a hostile fire zone for exemption
from payment of the following fees:
o Transfer of ownership
o Vessel/motor Certificate of Title (includes original, replacement, quick, and bonded titles)
o All other fees and taxes will apply and are due at the time of application.
144M, PWD 403.
PWD 1178 - Marine Licensee Validation Card Usage Log
Maintain a daily log accounting for all usage of Marine Licensee Temporary Use Validation Card with Decals by
the Licensee.
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PWD 1207 – Application for Party Boat Operator License
Apply for a new license, renew a license, replace a lost license, or update information on an existing license.
For additional information about this license: Party Boat Operator License Program.
PWD 1208 – Application for Annual Party Boat Inspection
Apply for an annual party boat safety inspection.
For additional information about this license: Party Boat Operator License Program.
PWD 1238 – Request to Skip Titling Requirement of Previous Owner(s)
This form should be completed by an applicant when this person has purchased or acquired a boat or outboard motor
from a seller and the title is in the name of a prior owner (not the sellers' name). This form should only be submitted when
the previous owner refuses to title the asset or when proof can be provided that the previous owner cannot be located.
This form will not negate the tax liability owed by the previous, non-titled owners. Information provided will be followed up
for non-payment of sales tax and boat titling fees. Incomplete information may result in denial of the application.
This form is subject to approval and should be submitted only when:
The applicant is not a licensed marine dealer, and
The applicant has obtained a written bill of sale from the seller, and
Either the title from the owner on record is signed on the back of the title or a signed statement of no financial
interest from the owner on record can be submitted, and
A clear progression of ownership can be determined through the documentation provided, and
The previous (non-titled) owner's cannot be reached or have refused to title the asset as required by state law.
This form is used as a support document for applicable ownership transfers. Submit with appropriate application form(s):
PWD 143 and PWD 144.
Return to Top
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Common Form Selections
Quick Reference List
Category
Change Ownership
or New Texas
Record
Forms 143 & 144
Maintenance of
record
Forms 143M & 144M
& 403 *
Ownership records or
reports
Form 763
It is a
New Vessel
or
Used Vessel
or
New Motor
or
Used Motor
Used Vessel
or
Used Motor
Vessel
or
Motor
Leads to these transaction choices
o Title and register a vessel
o Register a USCG documented
vessel
o Pay sales tax only w/o
registration
o Registration renewal
o Registration renewal with
address change
o Citizenship indicator change
o Owner name change
o Owner address change
o Change/correct vessel
description
o Replace title without change
o Replace certificate of number
card without change
o Replace decals and ID card
without change
o Order extra certificate of number
cards
o Correct name or address
o * Add, correct, release Lien
information (Form 403)
o Current Owner/Lien Holder
Report
o Request Ownership History
Report
Return to Top
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FEE CHART
Boat / Outboard Motor and Related Items
Effective September 1, 2009
VESSEL REGISTRATION:
Less than 16 feet in length
(Class A)
$32
16 feet but less than 26 feet in length
(Class 1)
$53
26 feet but less than 40 feet in length
(Class 2)
$110
40 feet or more in length
(Class 3)
$150
Livery Boat less than 16 feet in length
(Class A)
$32
CERTIFICATE OF NUMBER (registration ID card):
Transfer of Ownership (any Texas registered vessel)
$11
Replacement Certificate of Number Card
$11
Corrected Certificate of Number Card
$11
REGISTRATION REPLACEMENT DECALS:
Replacement Registration Decals with new certificate of number card (required)
$22
TEXAS CERTIFICATE OF TITLE:
Certificate of Title- Vessel / Outboard Motor
$27
Certificate of Title- Transfer of Vessel / Outboard Motor
$27
Certificate of Title- Replacement for Lost or Destroyed Title
$27
Certificate of Title- Correction Transaction
$27
Certificate of Title- Bonded Title
$37
―Quick‖ Title – (To expedite the replacement of lost or destroyed titles only)
$64
TAXES:
New Resident Tax (applies to owner relocating from out of state to Texas)
$15
Sales / Use Tax (percentage of the sales price)
6.25%
Penalties and Interest (apply 20 business days after the sales date - see form PWD 930 to
calculate the amount owed)
OTHER:
Game Warden Inspection / State Assigned Hull Identification Number
$25
Ownership History Request
$11
PARTY BOATS:
Annual Inspection
$132
New License Application
$132
Renew Existing License
$53
Replace a Lost or Destroyed License
$53
Update an Existing License
$53
MARINE LICENSE:
New License Application
$500
Additional Marine Decal and ID card
$126
Renewal of License
$500
Transfer Business (New Owner)
$500
Transfer Business Location (Same Owner)
$11
Correction / Update of Information
$4
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Basics to Boat Transactions

Transcription

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